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Lucas v. Vizcay

District Court of Appeal of Florida, Second District
Jun 10, 1994
638 So. 2d 159 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-03792.

June 10, 1994.

Appeal from the Circuit Court for Hillsborough County; Robert H. Bonanno, Judge.

Donald E. McLawhorn, Tampa, for appellants.

D. Andrew DeBevoise, Law Office of Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise and LeClainche, P.A., Orlando, for appellee.


Jose A. Lucas and his wife, Elizabeth M. Lucas appeal the amended final judgment entered by the trial court in their medical malpractice action. On September 14, 1993, the court granted summary judgment in favor of Sara Vizcay, M.D. and dismissed the complaint for failure to comply with the notice requirements of section 766.106, Florida Statutes (1991).

In the present case, the notice of intent was served through a process server rather than through certified mail, return receipt requested as set forth in the statute. The trial court held that the notice was insufficient based upon Patry v. Capps, 618 So.2d 261 (Fla. 2d DCA 1993), quashed, 633 So.2d 9 (Fla. 1994). The appellee concedes that the trial court was without the benefit of the supreme court's opinion and, therefore, the ruling should be reversed and this matter remanded to proceed to trial. We agree.

Reversed and remanded for further proceedings.

RYDER, A.C.J., and BLUE and QUINCE, JJ., concur.


Summaries of

Lucas v. Vizcay

District Court of Appeal of Florida, Second District
Jun 10, 1994
638 So. 2d 159 (Fla. Dist. Ct. App. 1994)
Case details for

Lucas v. Vizcay

Case Details

Full title:JOSE A. LUCAS AND ELIZABETH M. LUCAS, APPELLANTS, v. SARA VIZCAY, M.D.…

Court:District Court of Appeal of Florida, Second District

Date published: Jun 10, 1994

Citations

638 So. 2d 159 (Fla. Dist. Ct. App. 1994)